Is annual leave calculated for sick leave in Vietnam? What are regulations on rest breaks in Vietnam?

Is annual leave calculated for sick leave in Vietnam?

In case an employee takes leave during the year to enjoy long-term sickness benefits, will that time be counted to enjoy annual leave? Hope to receive a response soon.

Reply:

In Article 65 of Decree 145/2020/ND-CP, it is stipulated:

Article 65. Periods included in working time as the basis for calculation of annual leave

1. Vocational training and apprenticeship period prescribed in Article 61 of the Labor Code if the employee works for the employer after the end of the vocational training or apprenticeship period.

2. Probation period if the employee keeps working for the employer after the end of the probation period.

3. Personal leave prescribed in Clause 1 Article 115 of the Labor Code.

4. Unpaid leave if accepted by the employer and not exceeding 01 month per year totally.

5. Leave taken due to occupational accidents or diseases if not exceeding 6 months totally.

6. Sick leave if not exceeding 02 months per year totally.

7. Maternal leave prescribed by social insurance laws.

8. Period of performance of duties of the internal employee representative organization that is included in working time as prescribed by law.

9. Work suspension and leave through no fault of the employee.

10. Suspension period after which the employee is exonerated or exempt from disciplinary actions.

Thus, according to the above regulations in Vietnam, the time an employee takes leave to enjoy sickness benefits during the year is still counted as working time to calculate annual leave for the employee. But with the condition that the leave from work to enjoy the sickness benefits must not exceed 2 months within 1 year.

Is annual leave calculated for sick leave in Vietnam? What are regulations on rest breaks in Vietnam? (Image from the Internet)

What are regulations on rest breaks in Vietnam?

Can you tell me what the rules are for rest breaks during working hours? Thank you.

Reply:

Article 64 of Decree 145/2020/ND-CP regulates rest breaks during working hours as follows:

1. The minimum rest break of 45 consecutive minutes prescribed Clause 1 Article 109 of the Labor Code apply to employees who work at least 06 hours per day, including at least 03 hours of night work as prescribed in Article 106 of the Labor Code.

2. The rest break included in working time of employees doing consecutive shifts mentioned in Clause 3 Article 63 of this Decree shall not be shorter than 30 minutes (or 45 minutes for night work).

3. The employer shall decide the time of rest break, which must not be at the beginning or the end of a shift.

4. Except for the case of doing consecutive shifts specified in Clause 3 Article 63 of this Decree, it is recommended that the employer and employees negotiate inclusion of rest breaks in working time.

Is maternity leave counted as annual leave in Vietnam?

Let me ask, this May I will take maternity leave . So I wonder if the time I take maternity leave will be counted as annual leave?

Reply:

According to Article 65 of Decree 145/2020/ND-CP regulates periods included in working time as the basis for calculation of annual leave, in which:

1. Vocational training and apprenticeship period prescribed in Article 61 of the Labor Code if the employee works for the employer after the end of the vocational training or apprenticeship period.

2. Probation period if the employee keeps working for the employer after the end of the probation period.

3. Personal leave prescribed in Clause 1 Article 115 of the Labor Code.

4. Unpaid leave if accepted by the employer and not exceeding 01 month per year totally.

5. Leave taken due to occupational accidents or diseases if not exceeding 6 months totally.

6. Sick leave if not exceeding 02 months per year totally.

7. Maternal leave prescribed by social insurance laws.

8. Period of performance of duties of the internal employee representative organization that is included in working time as prescribed by law.

9. Work suspension and leave through no fault of the employee.

10. Suspension period after which the employee is exonerated or exempt from disciplinary actions.

Thus, the maternity leave period according to the provisions of the law on social insurance is considered the basis for determining the number of annual leave days in Vietnam. Therefore, the time you take maternity leave is still counted as annual leave.

Best regards!